 Drug Bust (by Doring [GA]) Nov 11, 2018 1:06 PM
 Drug Bust (by NE [PA]) Nov 11, 2018 1:13 PM
Drug Bust (by Livethedream [AZ]) Nov 11, 2018 10:10 PM
Drug Bust (by myob [GA]) Nov 12, 2018 3:35 AM
Drug Bust (by Britt [NC]) Nov 12, 2018 4:11 AM
Drug Bust (by Britt [NC]) Nov 12, 2018 4:14 AM
Drug Bust (by Britt [NC]) Nov 12, 2018 4:14 AM
Drug Bust (by nhsailmaker [NH]) Nov 12, 2018 4:43 AM
Drug Bust (by Laura [MD]) Nov 12, 2018 5:34 AM
Drug Bust (by Gail K [GA]) Nov 12, 2018 6:27 AM
Drug Bust (by CJ [MO]) Nov 12, 2018 6:45 AM
Drug Bust (by Nicole [PA]) Nov 12, 2018 7:43 AM
Drug Bust (by Doring [GA]) Nov 12, 2018 9:50 AM
Drug Bust (by Mike45 [NV]) Nov 12, 2018 11:59 AM
Drug Bust (by RentsDue [MA]) Nov 12, 2018 4:59 PM
Drug Bust (by Doring [GA]) Nov 12, 2018 6:02 PM
Drug Bust (by RentsDue [MA]) Nov 13, 2018 4:33 AM
Drug Bust (by Doring [GA]) Posted on: Nov 11, 2018 1:06 PM
Message:
I bought a four unit property in March and inherited four tenants. Last Thursday I was notified by one of the tenants that 15 cops plus drug dogs were at the apartment and one of the tenants downstairs was arrested. The tenant is in the county jail with no bond. Unbeknownst to me the tenant had her brother living with her who was unauthorized. I called the police to have him removed from the unit but since the tenant allowed him to live there, he is allowed to stay until the eviction is processed.
I filed dispossary the very next day and the tenant should get served by Tuesday in jail. In Georgia I don’t know if there is an expedited eviction process for illegal act drug activity done in the rental unit. Does anyone have experience with this? --162.226.xxx.xxx |
Drug Bust (by NE [PA]) Posted on: Nov 11, 2018 1:13 PM
Message:
I'd be inclined to play a little hardball with him and tell him he has no rights to the unit and he has until the end of the day to be out or you'll be back with the sheriff and the DEA. Proceed with eviction as normal. --50.107.xxx.xxx |
Drug Bust (by Livethedream [AZ]) Posted on: Nov 11, 2018 10:10 PM
Message:
There may be an expidited process in this case, danger to community. Lawyer time. In AZ we have a law that would treat him as a trespasser for immediate removal or arrest. --209.210.xx.xxx |
Drug Bust (by myob [GA]) Posted on: Nov 12, 2018 3:35 AM
Message:
What happened to innocent until proven guilty?
SERVED in jail? Dispo's are served on the property: defendant is persons named along with OR TENANT IN POSSESSION IN TOP LINE of your court papers.
For those of you never in jail-- it's not the movies. You don't just walk up to the jail and say I have papers to serve or I want to see prisoner so and so. Mail for prisoner's-- !!!!! Really you think they have mail call.
There is no expedited service for LL's who have convicts for tenants. Serve your papers-- your one step ahead cause you know he can't answer the court-- he's in jail. File your writ of possession get your place back.
I recently told one of my jailed tenants moms- we were setting out sonny boys stuff-- she went over emptied out the house and left keys on the counter. If that didn't happen then sonny's stuff would be at the curb and picked through. --99.103.xxx.xxx |
Drug Bust (by Britt [NC]) Posted on: Nov 12, 2018 4:11 AM
Message:
In NC you have to file for eviction except the 10 day period to "cure" (like giving them time to catch up on rent) is waived because there is nothing to cure. Still have to go through the court system. While its stomach turning to think you have a criminal you need to eject ASAP, the problem has been there all along, you just didn't know it. At least she is in jail a few days while you march forward to getting her out. --71.210.xx.xxx |
Drug Bust (by Britt [NC]) Posted on: Nov 12, 2018 4:14 AM
Message:
In NC you have to file for eviction except the 10 day period to "cure" (like giving them time to catch up on rent) is waived because there is nothing to cure. Still have to go through the court system. While its stomach turning to think you have a criminal you need to eject ASAP, the problem has been there all along, you just didn't know it. At least she is in jail a few days while you march forward to getting her out. --71.210.xx.xxx |
Drug Bust (by Britt [NC]) Posted on: Nov 12, 2018 4:14 AM
Message:
In NC you have to file for eviction except the 10 day period to "cure" (like giving them time to catch up on rent) is waived because there is nothing to cure. Still have to go through the court system. While its stomach turning to think you have a criminal you need to eject ASAP, the problem has been there all along, you just didn't know it. At least she is in jail a few days while you march forward to getting her out. --71.210.xx.xxx |
Drug Bust (by nhsailmaker [NH]) Posted on: Nov 12, 2018 4:43 AM
Message:
SISTER needs to be evicted - brother is irrelevant - but can be listed on paper as "and all other ocupants" --24.34.xx.xxx |
Drug Bust (by Laura [MD]) Posted on: Nov 12, 2018 5:34 AM
Message:
Here I believe we can get an expedited eviction if there is illegal activity. --192.168.xxx.xxx |
Drug Bust (by Gail K [GA]) Posted on: Nov 12, 2018 6:27 AM
Message:
As has been pointed out, it's unlikely your tenant is going to be served in jail. The serving (typically "tack and mail") will go to the rental property and since they won't be there to view it they won't respond.
On the eighth day go back to the Clerk of Court and request your Writ of Possession and the paperwork will be forwarded to the appropriate law enforcement office that handles evictions.
As has already been pointed out; simply being arrested for possible drug use does not mean much except they have these charges pending.
Gail --71.203.xx.xx |
Drug Bust (by CJ [MO]) Posted on: Nov 12, 2018 6:45 AM
Message:
Our server always post the paper on the door if no one to be served. We do not get money judgement if tenant does not show up in court. --97.91.xxx.xxx |
Drug Bust (by Nicole [PA]) Posted on: Nov 12, 2018 7:43 AM
Message:
Here, the best place to serve someone is in jail. The constable does it ... not sure of the actual process once he's at the jail but it's 100% guaranteed. You file your paperwork with the magistrate and the constable takes it to the jail.
It's also 100% guaranteed they show up in court, whether or not they want to. They all want to because it's like a little field tirp. --72.70.xxx.xxx |
Drug Bust (by Doring [GA]) Posted on: Nov 12, 2018 9:50 AM
Message:
Thank you everybody! I’ll need to go to the court tomorrow to re-file my dispo to add “all other occupants” in addition to tenants names. Unfortunately Georgia is not an expedited eviction state for criminal activities. --162.226.xxx.xxx |
Drug Bust (by Mike45 [NV]) Posted on: Nov 12, 2018 11:59 AM
Message:
Nicole has it right. Service on someone in jail or prison is very easy. And a prisoner has the right to appear at the court hearing, and will almost always exercise that right -- it is a excursion from the boring routine of the jail/prison. --71.222.xx.xxx |
Drug Bust (by RentsDue [MA]) Posted on: Nov 12, 2018 4:59 PM
Message:
I’ll play devils advocate here. Your tenant has been arrested, she has not been convicted. Her free lawyer will likely argue that expedited eviction may be delayed until she gets her day in criminal court. Perhaps all she gets charged with is possession. After she completes drug rehab she is a protected class.Your State is likely different than MA , I’m just putting my reality out there. --174.199.xx.xx |
Drug Bust (by Doring [GA]) Posted on: Nov 12, 2018 6:02 PM
Message:
Are you saying illegal drug activity is not a reason for eviction? --162.226.xxx.xxx |
Drug Bust (by RentsDue [MA]) Posted on: Nov 13, 2018 4:33 AM
Message:
Illegal drug activity is definately a grounds for eviction if your lease says it is . That is usually covered by a clause that covers state laws, illegal activity, etc.Arrested for alleged illegal drug activity isn’t the same thing. I’m just saying that right now she has not been found guilty of illegal activity. What happens if the charges are dropped ? . I know expedited eviction for “ alleged” drug activity would be hard here, but this is MA where even true most violent offenders are set free on laughable bail amounts once they see a judge. If she is MTM you can just terminate the tenancy clean without a reason. If she gets a high bail that she can’t pay then she won’t be around to pay rent so that may be an easier out. --71.10.xxx.xxx |
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